HF 1684

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to consumer reports; requiring notice and copy of background check;
defining terms; amending Minnesota Statutes 2008, section 13C.001, by adding
subdivisions; proposing coding for new law in Minnesota Statutes, chapter 13C.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 13C.001, is amended by adding a
subdivision to read:

new text begin Subd. 1a. new text end

new text begin Background check. new text end

new text begin "Background check" means a review of data and
information maintained by government entities to determine whether a data subject
qualifies to obtain housing or perform a job. A background check is not a consumer report.
new text end

Sec. 2.

Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Business screening service. new text end

new text begin "Business screening service" means a person
regularly engaged in the business of collecting, assembling, evaluating, or disseminating
criminal record information on individuals for a fee. Business screening service does not
include a government entity, as defined in section 13.02, or the news media. A business
screening service is not a consumer reporting agency.
new text end

Sec. 3.

Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:

new text begin Subd. 3a. new text end

new text begin Data subject. new text end

new text begin "Data subject" means the individual human being about
whom a background check is conducted.
new text end

Sec. 4.

Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:

new text begin Subd. 5a. new text end

new text begin Inquirer. new text end

new text begin "Inquirer" means the person requesting a background check.
new text end

Sec. 5.

Minnesota Statutes 2008, section 13C.001, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Results. new text end

new text begin "Results" means the data reviewed to perform the background
check.
new text end

Sec. 6.

new text begin [13C.05] BACKGROUND CHECKS; NOTICE AND COPY TO DATA
SUBJECT.
new text end

new text begin (a) Prior to initiating a background check, an inquirer must give the data subject
written notice that a background check will be performed and, if a business screening
service is utilized, the name and address of that business screening service. The notice
must also describe the process for obtaining a written copy of the results from the inquirer.
The inquirer must provide a written copy of the results to the data subject upon request.
The inquirer may not charge a fee for the copy.
new text end

new text begin (b) This section does not apply to public employers regulated under chapter 364.
new text end